{"id":4427,"date":"2011-01-08T14:38:12","date_gmt":"2010-07-14T10:55:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-14T10:55:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4427","title":{"rendered":"CA7: Being in a drug house is not “merely present” as in Ybarra<\/em>"},"content":{"rendered":"

Defendant was not \u201cmerely present\u201d as in Ybarra<\/a>. He was in a drug house, and there was probable cause as to everybody. United States v. Nelson<\/a>, 385 Fed. Appx. 566 (7th Cir. 2010) (unpublished):<\/p>\n

\nThe police had probable cause to arrest Nelson at Tompkins’s home because, unlike Ybarra<\/a>, the arrest here is based on more than his “mere presence” near criminal activity in a public place of lawful business. Nelson was present in a private dwelling that, with its drug paraphernalia, drug transactions, lack of furnishings and no running water, appeared to have no lawful purpose. In United States v. Pace<\/a>, 898 F.2d 1218, 1240 (7th Cir. 1990), we rejected the defendants’ argument that the police lacked probable cause to arrest them where officers executing a search warrant for a home suspected to be a site for drug-dealing observed the defendants exiting rooms in which the police found large quantities of either drugs or money out in the open. We reasoned that these observations, combined with the fact that the homeowner trusted the defendants enough to have them in his home while the money and cocaine were out in the open, could lead a reasonable person to conclude that the defendants were involved in a cocaine deal with the owner. Id. Here, similarly, Tompkins appeared to trust Nelson enough not to hide his drug dealing and paraphernalia, giving Nelson ready access to that paraphernalia at a private site that appeared to be a place specifically for drug dealing. These facts supported an inference that Nelson himself might be a drug customer or dealer.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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